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PRESUMPTION AGAINST CONSTITUTIONALITY

Remnan enterprise vs PRC

Since every law is presumed valid, the presumption of constitutionality can be overcome only by
the clearest showing that there was indeed an infraction of the Constitution, and only when such
a conclusion is reached by the required majority may the Court pronounce, in the discharge of
the duty it cannot escape, that the challenged act must be struck down.29

Indeed, "all presumptions are indulged in favor of constitutionality; one who attacks a statute,
alleging unconstitutionality must prove its invalidity beyond a reasonable doubt; that a law may
work hardship does not render it unconstitutional; that if any reasonable basis may be
conceived which supports the statute, it will be upheld, and the challenger must negate all
possible bases; that the courts are not concerned with the wisdom, justice, policy, or expediency
of a statute; and that a liberal interpretation of the constitution in favor of the constitutionality of
legislation should be adopted."30

In Victoriano v. Elizalde Rope Workers' Union, 2 we had occasion to stress that:

All presumptions are indulged in favor of constitutionality; one who attacks a


statute, alleging unconstitutionality must prove its invalidity beyond a
reasonable doubt; that a law may work hardship does not render it
unconstitutional; that if any reasonable basis may be conceived which supports
the statute, it will be upheld, and the challenger must negate all possible bases;
that the courts are not concerned with the wisdom, justice, policy, or expediency
of a statute; and that a liberal interpretation of the constitution in favor of the
constitutionality of legislation should be adopted. 3

PRESUMPTION AGAINST RETROACTIVE EFFECT

CIR VS MARUBENI

In view of the amendment introduced by E.O. No. 64, Section 4 (b) cannot be construed to refer
to E.O. No. 41 and its date of effectivity. The general rule is that an amendatory act operates
prospectively.9 While an amendment is generally construed as becoming a part of the original
act as if it had always been contained therein,10 it may not be given a retroactive effect unless it
is so provided expressly or by necessary implication and no vested right or obligations of
contract are thereby impaired.

PRESUMPTION AGAINST ABSURDITY


Statutes must receive a sensible construction such as will give effect to the legislative
intention so as to avoid an unjust and absurd conclusion. Presumption
against undesirable consequences were never intended by a legislative measure

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